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Pedestrian Accident Lawyer Montana


How do I know I have a case?

The clearest way of knowing if you have a case is determining if the other party is at fault. However, each case is so different, we recommend giving our firm a call. You will be directed to a personal injury attorney who will be able to assess your case on an individual basis, letting you know if you have a case.

How long will the process take?

There isn’t a specific answer to this question other than it depends. Generally, the length of the process is connected to the length of time you receive medical treatment for your injuries. The severity of the injury will influence the length of the process. For example, if you have not finished receiving medical treatments stemming from your accident, it would not be in your best interest to settle your case. We want to ensure that the insurance carrier pays for all of your medical bills from the accident.

How much this cost me?

Fortunately, you will not have to pay anything up front. At the Advocates Law, we take our cases on contingency. This means that we only get paid if we settle your case. Our fees will be a percentage of the total settlement we attain for you.

Pedestrian Accident Settlements and Verdicts

Anyone near a street is at risk of being injured in a pedestrian accident.  Whether you are walking, running, biking, crossing the street, etc. you are vulnerable to becoming a victim.  A pedestrian accident can happen almost anywhere in proximity to a thoroughfare, even while adhering to crosswalk and traffic laws.  Those operating a motor vehicle are required, by law, to yield for pedestrians crossing the street or walking on a sidewalk.  Because the pedestrian is exposed and defenseless to an oncoming car, victims frequently suffer serious injuries and damage.

Montana state law grants pedestrians the right-of-way in crosswalk areas and when traffic control signals are not in place.  Recognizing the importance of pedestrian safety, Montana’s Department of Transportation recommends specific safety tips such as obeying traffic signals, walking on sidewalks, trying to be seen by drivers, and others.  Adherents to these safety tips can help prevent potential dangers, however, they do not eliminate them entirely.

Regardless of circumstances, the Advocates Law is committed to helping you know your legal rights as a pedestrian.  Our attorneys have represented various pedestrian victims and can help you know whether or not your case should be pursued.

Pedestrian Accident Statistics in Montana

Pedestrians represent a significant number in crash data statistics.  According to the Pedestrian and Bicycle Information Center, pedestrians account for 14% of all traffic fatalities but only 10.9% of trips.  A pedestrian is defined by the National Highway Traffic Safety Administration (NHTSA) as anyone on foot, walking, hiking, running, jogging, sitting, or lying down who is involved in a motor vehicle traffic crash.  The NHTSA estimates, on average, a pedestrian is killed every two hours and injured every eight minutes in traffic crashes.  Because of the defenseless nature of being involved in a pedestrian accident, the Centers for Disease Control and Prevention (CDC) report that pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.  In addition, higher speeds for vehicles increases both the likelihood of a pedestrian being struck and the severity of the injury.  In Montana, for example, from 2009-2013, one out of every six pedestrians involved in a crash was impaired.

Although pedestrian fatality rates are generally higher in major cities, according to the NHTSA, in Montana, the percentage of total traffic fatalities made up about 10.5%.  Meaning, out of the 229 total traffic fatalities, 24 were pedestrian fatalities.  Most of the pedestrian accidents occur at non-intersections (69%) compared to intersections (20%), and the remaining 10% occurred at other locations such as parking lanes, bicycle lanes, shoulders, etc.  Pedestrian accidents are also more likely to happen at night.  A vast majority of incidents happened while the light condition was dark (72%), another 25% happened during daylight hours, 2% at dawn, and 2% at dusk.

How Would A Personal Injury Lawyer Help Me?

Often, after a pedestrian accident, victims are left feeling unsettled, with many unresolved questions.  A personal injury attorney can help answer those questions or point you in the direction of answers.  This can provide immense relief from the stress and suffering of your accident.  As though the accident was not enough, the process following an accident can be crushing due to the medical bills, lost income, and other types of damages.  The Advocates Law can help explain the process of what you should do next.

Your advocate can help you steer through the messy system of insurance companies and their teams of lawyers.  Your advocate is experienced with the rules, laws, and regulations that your case hinges upon.   Not every pedestrian accident should be pursued, therefore, speaking with a personal injury attorney will be vital in evaluating your case.

What Is My Personal Injury Case Worth?

Determining the value of a personal injury case can be challenging, due to unique variables that are specific to every case.   The Advocates Law encourages speaking with a personal injury attorney to truly evaluate your case.  However, in general terms, the attorney will help evaluate your medical expenses (current and future), property damage (if applicable), lost earnings (current and future), and other factors.  Each of these comes together to help resolve how much your case is worth.

Statute of Limitations

The state of Montana has a three-year deadline for personal injury claims.  This deadline is known as the statute of limitations.  This deadline allows three years from the date of the pedestrian accident to file a personal injury claim.  The deadline is rigid and cases after the allowed deadline are usually dismissed.

Free Consultations / Contingency

As mentioned, a personal injury lawyer can help immensely in the process of recovery.  He/she can help give confidence in the midst of doubt and uncertainty.  The Advocates Law offers free consultations.  This means you can contact an attorney directly about the details of your accident.  This can include phone calls, online chats, email, etc.  When you call, you are able to speak with an attorney immediately.  They will help you understand the process and determine whether you have a case.

The Advocates Law works on a contingency basis meaning you will not have to pay until your case is settled.

pedestrian infographic